Combined Sewer Overflow

Energy and Natural Resources - Performed environmental due diligence for financing of several renewable energy projects including an 80 MW wind farm in southcentral Pennsylvania and a 417 MW run-of-the-river hydroelectric facility located on the Susquehanna River.

Counseling trade associations and leading corporations on regulatory advocacy and compliance

Representing major trade associations, coalitions, and Fortune 100 companies in all federal courts on rulemaking challenges, enforcement actions, and other environmental law issues

Performed due diligence on oil production facilities in Kazakhstan

Drafted, pursuant to a World Bank contract, environmental laws for energy production facilities in Kazakhstan

Defended a gasoline manufacture in several environmental remediation actions

Defended a gasoline pipeline company in a pipeline rupture

Assessed and prioritized the potential environmental cleanup associated with 26 former manufactured gas production sites for natural gas utility

Performed an environmental due diligence regarding compliance with FIFRA during the acquisition of the intellectual property rights to an ozone disinfectant device 

Convinced the IRS to expand its interpretation of the applicability of its open-loop biomass tax incentive for using tire-derived fuel in electric power generation

Developing a regulatory strategy for addressing the issue of risk of exposure to electromagnetic fields (EMFs) in the permitting of an electric utility line

Obtaining registration or re-registration of a copper-based pesticide used in water treatment plants, in rice fields, ponds, lagoons, and swimming pools and spas, as algae resistant granules used in roofing shingles, among others

Tracking regulation of nanomaterials for a national trade association and its members

Advised clients concerning whether consumer products present an unreasonable risk and when injuries must be reported.  Advice involves physical hazard as well as the presence of chemicals

Advised clients on what claims are pesticidal claims and which are not, including obtaining review and approval from EPA of a product label that allowed sale of the client’s product until a pesticide registration could be obtained which would authorize broader health claims on the product label

Advising clients on the treated article exception to the U.S. pesticide laws

Advising a client concerning the U.S. regulatory requirements applicable to a proposal to export a used product containing high levels of chromium to Europe for reclamation and re-importing the product with the chromium removed

Assisting a trade association in tracking the listing as carcinogens of several chemicals used in its members’ products

Advised several clients concerning how to prepare for a TSCA inspection

Advising clients concerning the TSCA import and export requirements applicable to a range of products

Advising a number of clients regarding liability pursuant to Section 8(e) of the TSCA for failure report to EPA a "study" allegedly indicating the chemical presents an unreasonable risk

Advising a trade association concerning the applicability of proposed hazardous and nonhazardous waste definitions to their member production processes

Advised a natural gas utility in deciding whether to comply with a CERCLA Section 106 unilateral administrative order and negotiated a cost recovery of less than $400,000 as opposed to a $35 million claim

Represented a utility in seeking a Presidential permit for an electric transmission line crossing the Canadian border and various regulatory approvals for the portion of the line which crossed the State of Maine

Advising a company about its potential liability resulting from its historical use of PFOA in the manufacture of a number of products

Evaluated, on behalf of a client, what actions a company should take to protect its workers, the environment, and product users when it begins manufacturing nanosized materials, given that there are no legally binding requirements

Advising various clients on testing procedures for consumer products and on the use of testing laboratories located outside the United States, based on federal agency regulations

Represented a hazardous waste remediation government contractor in multiple matters seeking additional payment when remediation costs exceeded the fixed price cost in the contract

Advising clients on the requirements of the National Environmental Policy Act (NEPA) and state equivalents, including matters involving novel issues

Represented a natural gas utility in the remediation of several manufactured gas legacy sites

Negotiated the transfer of an underground injection well permit for secondary oil recovery wells

While at the EPA, litigated administratively the environmental impact of hot-water discharges from coal-fired plants in New York and Florida and worked extensively with EPA, Fish and Wildlife, and utility ecological experts on ecological risk determinations associated with the plant operations

While at EPA, led the EPA Love Canal and other Niagara Falls team which briefed Congressman, Senators, and worked with the Attorney General of the State of New York and his office

Involving work with a trade association in preparing and submitting confidential business data to the National Highway Transportation Safety Act, comparing NHTSA and European Union methods of testing tires as part of building the administrative record in a rulemaking

Challenged the NHTSA tire pressure monitoring system rule

Involving advocacy on behalf of a mining company for changes to the House of Representative’s Ban Asbestos in America bill

Developing an advocacy strategy for a national trade association to defend its members concerning allegations that the product that the members utilize was likely to be regulated or banned

Testified before a House Committee on numerous occasions regarding specific environmental and small business concerns

Advised and/or negotiated settlements of California Proposition 65 private enforcement actions alleging failure to provide warning labels involving, among other products, water faucets, water filters, antacids, bath mats, purses, coffee, shampoo, construction cones, fruit juices, personal care products, and crystal beads on sports clothing, specialty food products, among others

Represented a New Jersey developer in his lawsuit against an industry research arm due to the contamination of the groundwater near his home with volatile organic chemicals (including trichloroethylene) which had migrated on to his property

Defended potentially responsible parties in successfully reopening Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) records of decisions and negotiating complex remediation approaches, resulting in lowering remedial costs by tens of millions of dollars at each of these sites

Defended clients in enforcement penalty cases brought by various federal agencies, including EPA (various offices), CPSC and the Department of Transportation

Advising a trade association concerning allegations that children and adults may be exposed to carcinogenic and other hazardous chemicals from products made in part of a recycled (post-consumer) product originally manufactured by the trade association’s members.  The legal risks include federal and state regulatory liability and potential personal injury claims

Developed scientific expert testimony in a property damage lawsuit against a manufacturer who disposed of arsenic wastes which allegedly resulted in arsenic groundwater plumes in a residential neighborhood; resulting in a jury verdict for the defendant

Developed factual and scientific defenses to a consumer’s personal injury claim that alleged exposure to airborne talcum powder caused injury

Advise mining clients on environmental citizen suits and opposition tactics

Advise mining, energy development, and corporate clients on Clean Water Act Sections 402 and 404 and SMCRA permitting, US Army Corps of Engineers Jurisdictional Determinations and mitigation requirements, NEPA analysis, and NHPA Section 106 compliance and litigation

Advise state regulators on CWA matters affecting mining states

Serve as counsel to national trade association on CWA policy and regulatory matters

Advises large export terminal developers on NEPA, CWA, Section 106 and tribal consultation matters

Advise industry clients on water quality criterion development

Advise financial institutions on environmental due diligence for acquisitions

Represented public utilities, non-profit organizations, municipalities, state agencies, and Fortune 500 companies subject to energy and environmental laws, before the Federal Energy Regulatory Commission, Nuclear Regulatory Commission, and state public utility and energy commissions.

Represented owners of former bus garage and maintenance facility in Pennsylvania federal court action against national transportation company in action involving soil and groundwater contamination from the operation of petroleum underground storage tanks under several common law and statutory legal theories including claims under the Pennsylvania Storage Tank and Spill Prevention Act and the Pennsylvania Clean Streams Law.  This matter settled before trial and the settlement proceeds were used to remediate the property under Pennsylvania's Act 2 Land Recycling Program.

Successfully defended white oil manufacturing facility in administrative enforcement proceeding by Pennsylvania DEP under the Pennsylvania Hazardous Sites Cleanup Act alleging that wastes from several petroleum-related manufacturing facilities caused widespread groundwater contamination (Bear Creek Area Chemical Site).  The DEP accepted our evidence that waste from our client's facility did not contribute to the groundwater contamination.  The DEP collected approximately $23 million in settlements from other companies and those funds were used for the construction of over 60 miles of water line to provide public water to approximately 900 residents in a two-county area.  The representation also included successfully defending the client against a class action lawsuit filed on behalf of affected property owners in the Court of Common Pleas of Butler County, Pennsylvania.

Assisting Detroit-based Rocket Fiber to secure rights-of-way, comply with Michigan’s METRO Act, steer through state and federal communications regulations, and secure a uniform video franchise, among other things

Served as Special Counsel to the Commonwealth of Virginia and the Virginia Department of Environmental Quality related to a potential cost recovery action against the United States Navy

Assisted in the negotiation of an Indian water rights settlement and the Congressional passage of The Bill Williams River Water Rights Settlement Act of 2014

Served as natural resource damage litigation counsel to the Florida Department of Environmental Protection and the Florida Fish & Wildlife Conservation Commission in the Multi-District Litigation In Re: Oil Spill By the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, On April 20, 2010, MDL No. 2179, in the United States District Court for the Eastern District of Louisiana

Served for several years as an adjunct member of the corporate legal department of a leading consumer products company working closely with the corporation's environmental managers, monitoring outside litigation counsel and participating in periodic educational and training programs for plant personnel.

Represented a Fortune 100 mining company before EPA on Clean Water Act regulatory compliance and hazardous waste issues

Counseled a Fortune 100 steel company on legislative, regulatory and international climate change related developments

Advising a Fortune 100 mining company on science policy issues driving regulatory limits

Coordinated EPA's defensive litigation arising from the terrorist attacks of 9-11 

Coordinated EPA's legal advice in the wake of hurricanes Katrina and Rita and participating in the government-wide Hurricane Katrina White House Legal Working Group

Represented a national water association before EPA on sewage sludge (biosolids) incineration issues 

Represented a landfill operation before the EPA in a methane to energy Clean Air Act common control determination

Represented a regional association of municipal power plants before EPA and OMB on Clean Air Act boiler MACT related rulemaking

Represented a major trade association and individual companies in National Ambient Air Quality Standards rulemaking and appellate litigation

Counseled EPA on its participation on the World Trade Center Expert Technical Review Panel 

Served as lead U.S. DOJ trial counsel representing EPA in multiple suits brought by environmental groups over EPA's failure to promulgate Total Maximum Daily Loads (TMDLs) in the absence of state action

Served as lead U.S. DOJ trial counsel in civil prosecutions alleging violations of the wetlands provision of the CWA

While at EPA, Region V, supervised the legal review that resulted in initial delegation of Superfund and RCRA to the states for implementation

Litigated the first case filed under EPA’s emergency response authority in the Toxic Substances Control Act, United States v. Illada Energy Company

Obtained favorable settlements of enforcement actions brought by NRC, DOE, and EPA against manufacturing and engineering clients

Prepared critical expert witnesses whose testimony for trials resulted in favorable decisions for clients in toxic tort actions

Served as lead counsel for large private wastewater operator in litigation arising out of enforcement action by the US Department of Justice against a municipality for combined sewer overflow (CSO) issues

Represented local governments and land development companies in National Pollutant Discharge Elimination System (NPDES) permitting, TMDLs, and enforcement proceedings

Securing FERC/Corps approvals for private hydropower plants, and license transfers for nuclear power plants and waste facilities from the NRC

Served as lead trial counsel for the United States defending suits brought by environmental groups against U.S. Department of Defense (DOD) facilities

Served as lead U.S. DOJ trial counsel for the United States representing EPA in challenge by the tobacco industry to EPA's landmark second-hand smoke risk assessment

Served as lead U.S. DOJ trial counsel in several high profile cases representing the U.S. Army Corps of Engineers regarding the issuance of wetlands permits under the Clean Water Act (CWA)

Served as lead trial counsel for the United States in successful defenses of two suits by major chemical companies against the DOD alleging U.S. liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for contamination from Agent Orange manufactured for the Vietnam War

Prepared amicus briefs for the U.S. Court of Appeals for the D.C. Circuit and the US Supreme Court on behalf of a national trade association in case construing a key section of the Clean Water Act

Advised a number of clients regarding liability pursuant to Section 8(e) of the TSCA for failure report to EPA a “study” alleging indicating the chemical presents an unreasonable risk

Advising a trade association concerning allegations that children and adults may be exposed to carcinogenic and other hazardous chemicals from products made in part of a recycled (post-consumer) product originally manufactured by the trade association’s members.  The legal risks include federal and state regulatory liability and potential personal injury claims

Bob Strong and Sean Gallagher recently achieved a reversal in the Michigan Court of Appeals of the Michigan Public Service Commission’s denial of summary disposition on a claim that the Commission exceeded its statutory authority when it authorized the defendant regulated utility company to raise electrical rates for Clark Hill’s client, a significant North American industrial energy transporter, generator, and distributor, at its facility in Michigan’s Upper Peninsula.  Arguing the settlement resolved a disputed legal issue, the Commission approved the rate increases in 2012 under guise of approval of a settlement agreement from 2009 that included a rate-increasing accounting mechanism. The Commission approved the rate increase despite a prior Court of Appeals opinion holding that the statutory authority of electric utilities did not allow for use of the accounting mechanism.  Under Bob’s direction, Sean drafted the brief and handled oral argument before the Court of Appeals panel, which included the judge who authored the prior opinion.  In a published opinion, the unanimous panel decided the rate increases were ultra vires based on interpretation of clear statutory language and the prior Court of Appeals decision interpreting the Commission’s authorizing statute.  The Court of Appeals ordered the case remanded for further proceedings before the Commission, which are expected to involve determination of the amount of refund owed to Clark Hill’s client, likely in excess of $200,000, and potentially all of the ratepayers of the utility, which could exceed $10,000,000.  

Solid and Hazardous Waste - Represented owners of former bus garage and maintenance facility in Pennsylvania federal court action against national transportation company in action involving soil and groundwater contamination from the operation of petroleum underground storage tanks under several common law and statutory legal theories including claims under the Pennsylvania Storage Tank and Spill Prevention Act and the Pennsylvania Clean Streams Law.  This matter settled before trial and the settlement proceeds were used to remediate the property under Pennsylvania’s Act 2 Land Recycling Program.

Superfund - Successfully defended white oil manufacturing facility in administrative enforcement proceeding by Pennsylvania DEP under the Pennsylvania Hazardous Sites Cleanup Act alleging that wastes from several petroleum-related manufacturing facilities caused widespread groundwater contamination (Bear Creek Area Chemical Site).  The DEP accepted our evidence that waste from our client’s facility did not contribute to the groundwater contamination.  The DEP collected approximately $23 million in settlements from other companies and those funds were used for the construction of over 60 miles of water line to provide public water to  approximately 900 residents in a two-county area.   The representation also included successfully defending the client against a class action lawsuit filed on behalf of affected property owners in the Court of Common Pleas of Butler County, Pennsylvania.

Detroit-based Rocket Fiber formally launched its ultrafast optical fiber Internet service, which it says is up to 1,000 times faster than current average Internet speeds.  Rick Coy was sought out by Rocket Fiber several years ago because of his extensive experience in helping  institutions establish high speed fiber optic networks.  Rick helped the Rocket Fiber team secure rights-of-way, comply with Michigan’s METRO Act, steer through state and federal communications regulations, and secure a uniform video franchise, among other things.

Special Environmental Counsel - Served for several years as an adjunct member of the corporate legal department of a leading consumer products company working closely with the corporation’s environmental managers, monitoring outside litigation counsel and participating in periodic educational and training programs for plant personnel.­

Counseled a Fortune 100 steel company on legislative, regulatory and international climate change related developments

Represented a Fortune 100 oil & gas company before the New Mexico Environmental Department on Clean Air Act self-disclosures and compliance 

Represented a Fortune 100 mining company before EPA on Clean Water Act regulatory compliance and hazardous waste issues 

Represented a landfill operation before the EPA in a methane to energy Clean Air Act common control determination

On behalf of offshore wind energy companies, commented on proposed regulations of offshore facilities and obtained critical changes streamlining the process; subsequently assisted the companies in obtaining federal permits and approvals for offshore wind power projects.

Lead U.S. DOJ trial counsel in several high profile cases representing the U.S. Army Corps of Engineers regarding the issuance of wetlands permits under the Clean Water Act (CWA)

As lead negotiator for primary stakeholder in development of Maryland's Nutrient Trading Policy

Site Remediation/Brownfield Redevelopment - Obtained closure of other contaminated sites under Pennsylvania’s Land Recycling and Remediation Standards Act (i.e., Brownfield Program).

Solid and Hazardous Waste - Defended fiberglass-reinforced plastics manufacturer with respect to EPA investigation of hazardous waste handling practices.­

Solid and Hazardous Waste - Negotiation of amount and documentation of financial assurance (e.g., performance bonds and standby trust agreements) for post-closure care at permitted RCRA sites.­

Water Pollution Control - Successfully defended former owner of “company town” in action by local sewer authority for the recovery of a portion of the cost of a 537 Plan study required under Pennsylvania Sewage Facilities Act. Burgettstown-Smith Township Joint Sewage Authority v. Langeloth Townsite Company, 403 Pa. Super. 84 (1991).­

Site Remediation/Brownfield Redevelopment - Negotiated Consent Order and Agreement for Special Industrial Area to obtain relief from liability under Pennsylvania’s Act 2, to allow redevelopment of 105-acre industrial site in Luzerne County.

Air Pollution Control  - Numerous negotiations of administrative consent orders with the EPA and state agencies to settle alleged violations of visible and particulate matter emissions from metals melting and casting operations and other industry categories.

Represented one of the former corporate shareholders of a company which operated 18 wood treatment plants in a CERCLA action in federal court in which the purchaser of the stock of the operating company sought to hold the prior shareholders liable for contamination at the former plants. After trial, the court held that the former shareholders were not liable for the activities of the company. Affirmed by the U.S. Court of Appeals for the Third Circuit. (W.D. Pa. and Third Circuit)

Environmental counsel to 3 Rivers Wet Weather, Inc., a non-profit corporation which is coordinating regional efforts involving regulatory agencies and over 80 municipalities and authorities in developing comprehensive plans to comply with federal Clean Water Act requirements to address wet weather sewage issues, potentially costing $3 billion.

Brought a CERCLA action for the current owner of a site which had been used for disposal of manufactured gas plant tar. The defendants were former property owners and a state agency. Settled before trial. (W.D. Pa.)

Energy and Natural Resources - Successfully defended West Virginia mining company with respect to landowner’s claims of water loss from deep mining activities

Permits and Licenses - Negotiated a fifty percent reduction of the Federal Aviation Administration’s proposed civil penalty for client’s alleged violations of Department of Transportation’s Hazardous Materials Regulations.

Leasing and structure advice to underwriters in connection with sale of nuclear power plant lease-backed bonds and then subsequent sale of equity interest in the plant

Transactions - Conducted environmental due diligence for client’s simultaneous acquisition of three publicly-traded consumer products companies. The combined value of the transactions was approximately $2.4 billion.­

Represented mineral owners for oil and gas lease negotiations.

Transactions - Drafted and negotiated buyer-seller agreement with Pennsylvania DEP as well as environmental provisions of agreement for asset sale of a 25-acre fittings and flanges manufacturing facility located in Lawrence County.

Brought a private CERCLA action in federal court in Pennsylvania on behalf of a current property owner against past owners and operators to recover past and future response cost to remediate coal tar contamination on the site from a former manufactured gas plant. Case settled before trial. (W.D. Pa.)

Superfund - Obtained dismissal of French corporation from private cost recovery action under the New Jersey Spill Compensation and Control Act for lack of personal jurisdiction. Fortunato t/a R&R Realty Co. v. Napp Chemicals, Inc., et al.

Superfund - Successfully represented client in federal court cost recovery action alleging that client sent hazardous substances to local landfill. District court entered summary judgment for client on basis that plaintiff failed to comply with the National Contingency Plan prior to bringing the action. The Sixth Circuit Court of Appeals affirmed the district court. Pierson Sand and Gravel, Inc. v. Pierson Township, et al.

Represented the Pittsburgh International Airport in a federal action under the National Environmental Policy Act and the National Historic Preservation Act in which some individuals sought to prevent demolition of the old airport terminal and redevelopment of the site. Resulted in a favorable ruling by Justice Souter of the United States Supreme Court which permitted the project to proceed.

Energy and Natural Resources - Coordinated environmental due diligence responses for a privately-owned oil and natural gas exploration and development company based in Pennsylvania in connection with an approximately $350 million private equity investment.

Transactions - Negotiated environmental representations, warranties, covenants and indemnifications with respect to client’s sale of a time and temperature measurement device business. The value of the transaction was approximately $6 million.­

Defended a steel company in an action in federal court in Missouri in a contract and tort action by a steel service center which constructed and operated a roll coater for steel coils. Issues included the specifications for the painted coils, the ability of the coating line to meet them and alleged breaches of a contract for sales of secondary steel. Settled before trial. (E.D. Mo.)

Defended a storage tank manufacturer in a series of cases in federal court and state courts in Pennsylvania, Ohio and West Virginia arising from a rupture of a tank which contained liquid nitrogen. The tank design and cause of the rupture were at issue. Resulted in a very favorable settlement.

Defended a waste management company in multidistrict federal securities class actions, individual actions and investigations arising from a change in accounting and alleged accounting irregularities. Settled before trial. (W.D. Pa.)

Solid and Hazardous Waste - Appeal of DEP denial of permit modification application for expansion of fly ash disposal site.­

Superfund - Representation of clients identified as potentially responsible parties (“PRPs”) at Superfund sites in numerous states.

Transactions - Coordinated environmental due diligence and negotiated environmental provisions of agreement for client’s acquisition of five former food processing facilities located in an urban area for conversion into residential lofts.

Water Pollution Control - Appeal of NPDES permit and negotiations with the South Carolina Department of Health and Environmental Control with respect to a requirement for whole effluent toxicity testing.­

Energy and Natural Resources - Represented owner of environmentally-impacted property in oil and gas lease negotiations with oil and gas exploration company.

Represented coal, oil and gas companies in disputes with landowners and operators

Represented a bank in connection with a credit facility, the proceeds of which were used for, among other things, the development and production of coal bed methane gas in connection with various coal bed methane gas leases entered into by the borrower. The credit facility was fully secured by blanket liens on all of the borrower's assets, including, but not limited to, leasehold mortgages with respect to the coal bed methane gas leases.

Solid and Hazardous Waste - Successfully defended former property owner in action by current owner under the Pennsylvania Storage Tank and Spill Prevention Act. William F. Murdoch, Jr. v. Atlantic Richfield Co., et al.

Solid and Hazardous Waste - Assisted specialty resins and coatings company in responding to multiple EPA information requests and negotiated Consent Agreement and Final Order with greatly reduced penalties for alleged violations of RCRA hazardous and universal waste storage and monitoring requirements.

Represented a city and municipal sewer and water authority in a case involving soil and water contamination (solvents and PCBs) which had been disposed of on their property from railroad operations in the 1950s. Defended administrative and court claims by the Pennsylvania Department of Environmental Resources under the Pennsylvania Hazardous Sites Cleanup Act and asserted a claim against the railroad. Resulted in a settlement in which the railroad conducted remediation, with only limited involvement by the city and authority. (Commonwealth Court of Pennsylvania)

Defended the owner of a manufacturing plant in a penalty action in federal court in Missouri based on alleged permit violations under the federal Clean Air Act in the operation of two paint lines. Negotiated a substantially reduced penalty, including a challenge to calculations under the U.S. Environmental Protection Agency’s economic benefit model. (W.D. Mo.)

Environmental counsel to 3 Rivers Wet Weather, Inc., a non-profit corporation which is coordinating regional efforts involving regulatory agencies and over 80 municipalities and authorities in developing comprehensive plans to comply with federal Clean Water Act requirements to address wet weather sewage issues, potentially costing $3 billion.

Transactions - Negotiated agreements with environmental consultants, contractors and disposal facilities for performance of remedial activities and disposal of resulting wastes.

Energy and Natural Resources - Advised clients on permitting issues for mining of waste coal for cogeneration facilities. ­

Transactions - Performed environmental due diligence and negotiated environmental provisions of stock purchase agreement for client's $300 million acquisition of a rail equipment supplier with nine manufacturing facilities in Illinois, Ohio and Pennsylvania.

Negotiated MSW Disposal Service Agreements and other project documents for owner of waste to energy (WTE) facilities.

Transactions - Coordinated environmental due diligence responses for $350 million private equity investment in gas exploration and production client, as well as for subsequent $4.7 billion acquisition of client.

Water Pollution Control - Counseled oil and gas exploration company with respect to environmental permits (e.g., stream encroachment) associated with Marcellus Shale well drilling sites in Pennsylvania. ­

Transactions - Performed environmental due diligence for client's acquisition of a publicly-traded logistics and refurbishment company, in an all-cash merger valued at $512.6 million.

Water Pollution Control - Successfully defended citizens suits alleging violations of NPDES permit effluent limitations on the basis that the alleged violations had ceased prior to the filing of the citizens suit.­

Representing the owner of a former mineral processing plant which is undergoing remediation under Pennsylvania Act 2. The project includes complex water, waste, clean fill, wetlands and Act 2 issues.

Represented the past owner of a manufacturing facility in South Carolina in a private action under CERCLA, RCRA and state law, brought by the current owner in federal court. Plaintiff sought approximately $14 million in past and future damages for TCE contamination in soil and groundwater. Case settled during trial. (D. S.C.)

Represented companies in both Federal and State environmental enforcement proceedings

Represented a closely held real estate management company in shareholder litigation in state court in Pennsylvania concerning the repurchase of stock from a shareholder. The dispute involved valuation of the stock including the effect of environmental conditions of brownfield property. Settled after several favorable court rulings.

Air Pollution Control - Defended a carbon manufacturing facility against Pennsylvania DEP allegations that the facility had operated in violation of the Pennsylvania air pollution control regulations and the facility’s Title V air permit. Negotiated a consent order and agreement that included not only a substantial reduction in the proposed civil penalties, but also an agreement by the DEP to increase the VOC emissions limit contained in the facility’s Title V permit for a specific source based upon the client's position that this permit limit was calculated improperly based upon incorrect information submitted to the DEP by the former owner/permittee of the facility. Following the client's submission of a new reasonably available control technology (“RACT”) application, the DEP issued the revised RACT approval.

Site Remediation/Brownfield Redevelopment - Advised client on TCE and other solvent groundwater remediation at facilities located in Kansas, Tennessee and other states.­

Transactions - Negotiated environmental representations, warranties, covenants and indemnifications with respect to client’s sale of a furniture manufacturing business with six facilities in five states. The value of the transaction was more than $70 million.­

Air Pollution Control - Representation of other clients with respect to PSD enforcement activities by the United States EPA.

Solid and Hazardous Waste - Provided legal assistance to numerous clients on compliance with regulatory requirements for identification, handling, storage and disposal of solid, residual and hazardous wastes.

Defended a former plant owner in a private CERCLA contribution action brought by a generator PRP at a landfill site in Michigan. The plaintiff claimed that the plant owner’s wastes had been transshipped from an incineration operation to the landfill. Successfully argued a Daubert motion for a group of 12 defendants, resulting in exclusion of the plaintiff’s expert and summary judgment for defendants. (E.D. Mich.)

Regulatory Compliance Counseling - Assisted metal fabrication and finishing company in development of environmental management system to reduce potential environmental liabilities.­

Permits and Licenses  - Developed program of institutional controls and financial assurance for termination of Nuclear Regulatory Commission (NRC) radioactive materials license under restricted use condition. Coordinated the presentation of the proposed institutional controls to the NRC and the "Site Specific Advisory Board" established under the NRC’s regulations.­

Regulatory Compliance Counseling - Advised client on disclosure of noncompliance with continuous release reporting requirements at 21 facilities under the United States EPA’s Self Audit and Disclosure Policy. The EPA decided not to seek any penalties with respect to the failures to report continuous releases.

Represented a generator defendant in a federal cost recovery action under CERCLA which alleged that the client had arranged for disposal of solvents at a landfill in Michigan now owned by the plaintiff. The federal district court entered summary judgment for the client based on the plaintiff’s failure to comply with the National Contingency Plan and dismissed an indemnification claim by a co-defendant. The U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of the plaintiff’s claims. Also defended the client in related Michigan state court litigation. (W.D. Mich. and Sixth Circuit)

Superfund - Represented past owner/operator of manufacturing facility in Manning, South Carolina in cost recovery action by current owner in federal court. Plaintiff sought approximately $14 million in past and future damages for TCE groundwater contamination. MTD Products, Inc. v. Sunbeam Corporation­

Defended an educational institution in a private action brought under the Pennsylvania Storage Tank and Spill Prevention Act. Plaintiff claimed that its property had been contaminated by releases of petroleum products from underground storage tanks operated by several defendants. The Court of Common Pleas of Allegheny County, Pennsylvania granted summary judgment for the educational institution before trial.

Site Remediation/Brownfield Redevelopment - Obtained closure under Pennsylvania Act 2 Special Industrial Area Standard for an approximately 65-acre site in Beaver County.

Defended an educational institution in an action under the Pennsylvania Storage Tank Act.

Solid and Hazardous Waste - Successfully defended client in citizen suit alleging violations of several state and federal statutes including the Pennsylvania Solid Waste Management Act. Allegany Environmental Action Coalition v. Westinghouse Electric Corporation, et al.­

Represented defendants in Superfund litigation

Water Pollution Control - Representation of municipal authority with respect to updating and revising its industrial discharge pretreatment ordinance to conform to the U.S. Environmental Protection Agency’s pretreatment program.

Summary judgment was granted before trial. (Court of Common Pleas of Allegheny County, PA)

Superfund - Participation on PRP steering, allocation and litigation committees. These Superfund sites include, but are not limited to: Thermo Chem Site, Muskegon, Michigan; Organic Chemicals, Inc. Site, Grandville, Michigan; J.C. Pennco Site, San Antonio, Texas; Metcoa Site, Pulaski, Pennsylvania; Breslube Penn Site, Coraopolis, Pennsylvania; Fisher Calo Superfund Site, Kingsbury, Indiana.

Represented the former owner of a manufacturing plant in Ohio in a private CERCLA action involving lead contamination in the soil brought by the current owner. Plaintiff sought recovery of all past response costs and a declaratory judgment on liability for all future costs. After trial, the court found the former owner to be liable for only 40% of the past costs and dismissed the claim for future costs. (N.D. Ohio)

Represented oil and gas exploration company regarding formation of oil and gas well drilling programs.

Solid and Hazardous Waste - Negotiated amended Resource Conservation and Recovery Act (“RCRA”) hazardous waste permits and/or consent orders with state agencies for addressing trichloroethylene (“TCE”) and other solvent and heavy metal contamination at sites in Mississippi and South Carolina.­

Transactions - Regularly counsel clients on the environmental provisions of acquisition and divestiture agreements.

Water Pollution Control - Numerous negotiations of civil penalties assessed by state agencies with respect to alleged unpermitted discharges or discharges which exceeded permitted effluent limitations and related testing and testing program issues.

Represented international power producer in litigation brought by state attorney general resulting in dismissal of claims

Represented a multinational corporation in litigation and arbitration involving a contract and letter of credit for a $320 million power plant project in Israel. Settled during arbitration. (W.D. Pa.)

Transactions - Negotiated environmental representations, warranties and related disclosures with respect to stock sale of steel tube and wire business with 14 facilities in four states, two Canadian provinces and England. The value of the transaction was approximately $350 million.

Represented a waste disposal company in federal and state courts in Pennsylvania and before the Pennsylvania Environmental Hearing Board in litigation involving the company’s right to import out-of-state waste. Resulted in several injunctions against state interference with shipments and ultimately a negotiated resolution which preserved contracts worth $400 million. (W.D. Pa., Pa. Cmwlth., Pa. Supreme Ct.)

Regulatory Compliance Counseling - Coordinated environmental compliance audit program covering six facilities in five states for a metal fabrication company.­

Defended an aluminum company in a CERCLA action brought by the federal government based on a claim that the company had arranged for the disposal of solvents at a landfill site in Massachusetts which was listed on the National Priority List. Served on the litigation committee for PRPs. Case was settled at a substantial discount from the government’s past and anticipated future response costs. (D. Mass.)

Represented financial institutions as lender to exploration companies.

Regulatory Compliance Counseling - Assisted rural market telecommunications company in self-reporting violations of several environmental statutes pursuant to the United States EPA’s Self Audit and Disclosure Policy. Negotiated consent agreement which resulted in EPA’s waiver of approximately $675,000 in civil penalties, with the negotiated civil penalty being less than $10,000.­

Water Pollution Control - Appeal of NPDES permit and negotiation of consent order with the state agency resulting in the relocation of discharge outfalls to obtain less stringent water quality-based effluent limitations.­

Site Remediation/Brownfield Redevelopment - Negotiated amended consent order for the remediation of groundwater contamination emanating from manufacturing facility in Louisiana. The plume had contaminated municipal water supply wells.

Transactions - Performed environmental due diligence and negotiated environmental covenants and indemnity provisions, including a buyer-seller agreement with the Pennsylvania Department of Environmental Protection, for client's $35 million acquisition of a manufacturer of railroad track and signaling products.

Regulatory Compliance Counseling - Coordinated environmental compliance audit program covering 21 facilities in 12 states for a leading consumer products company. Following the completion of the facility audits, developed individual facility action plans and a corporate-wide environmental compliance manual.­

Water Pollution Control - Negotiation of numerous National Pollutant Discharge Elimination System (“NPDES”) permits in various states for discharges from operating manufacturing facilities (e.g., metals, plastic molding, glass) and groundwater remediation sites (CERCLA sites and RCRA post-closure care sites).­

Represented a former service station owner in the damages phase of an action under the Pennsylvania Storage Tank Act. Damages were limited to under 10% of the claimed damages. (Court of Common Pleas of Allegheny County, PA)